Penalties

DUI/PHYSICAL CONTROL PENALTIES

Maximum: 364 days jail and $5000 fine; 1 years license revocation.

Minimum 1st offense penalties:

  • 1 day in jail (or 2 days if breath or blood test is .15 or higher or if you refused BAC or blood test), or in some instances the court may allow 15 or 30 days Electronic Home Monitoring instead of jail.
  • License suspension for 90 days (or 365 days if .15 or higher BAC/blood test or 2 years if test refused). In most cases you will be eligible for an Ignition Interlock License during the time that your regular licenses is suspended, but only if you are licensed at the time of the plea of guilty. You will lose a Commercial Driver's License (CDL) for at least 1 year.
  • High risk insurance for 3 years (may approximately double insurance rates).
  • 1 to 5 years probation at approx. $45 to $90 per month. Usually meet with probation officer monthly, at least during the first year or two. (Yakima County District Court now orders 5 years at $90/mo.).
  • Alcohol evaluation required (approx. $100) and compete recommended treatment (at least Alcohol/Drug Information School at a cost of approx. $50 to $150).
  • Approx. $950 to $1200 fine and court costs.
  • Attend Victim Impact Panel (one evening for approx. 1 ½ hours. Fee is approx. $40-$75).
  • Ignition Interlock: Mandatory for at least 1 year. However, usually vehicles owned by or driven for an employer can be easily exempted from the ignition interlock requirement. Costs approx. $95.00/month.
  • Pay restitution for the police officer’s “emergency response,” if any.

 

RECKLESS DRIVING PENALTIES

Maximum: 364 days jail and $5000 fine.

Penalties:

  • No mandatory minimum jail time (often all jail time suspended or, possibly, serve a day or so in jail).
  • Lose license for 30 days (but an Ignition Interlock or other restricted license is permitted during that time if you are licensed in Washington at the time of the plea).
  • High risk insurance for 3 years (may approximately double insurance rates).
  • No mandatory minimum probation (usually 1 to 2 years at approximately $45 to $75/month, but often terminates early once other conditions are met).
  • If the Reckless Driving charge is a reduction from a DUI courts usually require an alcohol evaluation and that you complete recommended treatment and a Victim Impact Panel.
  • Usually approx. $500 to $900 fine.
  • Ignition Interlock required on all personal vehicles you drive for 6 months if (a) the Reckless was reduced from a DUI/Physical Control and (b) if you had a DUI-type offense within 7 years.  
  • Often payment for the police officer’s “emergency response time," is part of a settlement agreement.

Important:
If a Reckless Driving or Negligent Driving 1° is a reduction from a DUI or Physical Control charge, it will count against you as a prior offense (the same as a DUI conviction would have), if you are convicted in the future of a subsequent DUI or other serious alcohol-related or drug-related driving offense.

Also, if the initial charge was DUI or Physical Control, the Department of Licensing in separate proceedings will try to suspend your license for at least 90 days. If that happens, you will be required to have SR 22 high risk insurance for 3 years. However, you may sooner qualify for an Ignition Interlock License, but you cannot operate on a CDL during that time.


 

NEGLIGENT DRIVING 1° PENALTIES

Maximum: 90 days jail and $1000 fine.

Penalties:

  • No mandatory minimum jail time. Often all jail time is suspended, or possibly, spend a day or so in jail.
  • No loss of license.
  • No high risk insurance (may affect insurance rates, but no more than for any other Negligent Driving offense).
  • Courts usually require alcohol evaluation and completion of recommended treatment and a Victim Impact Panel.
  • Courts usually require $500 to $900 fine.
  • Often payment for the officer’s “emergency response time,” is part of a settlement agreement.

Important: If a Reckless Driving or Negligent Driving 1° is a reduction from a DUI or Physical Control charge, it will count against you as a prior offense (the same as a DUI conviction would have), if you are convicted in the future of a subsequent DUI or other serious alcohol-related or drug-related driving offense.

Also, if the initial charge was DUI or Physical Control, the Department of Licensing in separate proceedings will try to suspend your license for at least 90 days. If that happens, you will be required to have SR 22 high risk insurance for 3 years. However, you may sooner qualify for an Ignition Interlock License, but you cannot operate on a CDL during that time.

We defend people accused of criminal offenses and people charged with major traffic offenses. We appear almost daily in District Courts, Municipal Courts and Superior Courts throughout Central Washington. The information we provide on this Website pertains only to cases in the state of Washington, not any other states.

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